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How cases come to Court


Filing

As proceedings in the Employment Court are not simple it is strongly recommended that lay persons seek advice from a lawyer, union, or employers' group experienced in advocacy. The following information is a guide only; the full process is outlined in the Employment Court Regulations 2000.

Which Registry

If the proceeding is a challenge to a determination of the Employment Relations Authority the application must be filed in the Court registry in the same area as the original Authority hearing. Applications which would normally be filed in the Christchurch Registry should be forwarded to the Wellington office.

Actions coming to the Court without passing through the Authority must be filed in the Court registry most convenient to where the cause of action or matter occurred, unless the parties agree otherwise. The Registrar of the Court may, upon his / her own motion or the application of the parties, order the proceedings to be transferred to another registry.

A limited form of electronic document lodgement is now available in the Employment Court. Please contact the Registrar of the Court in which the filing is being made to check that it is appropriate to file electronically. When sending documents electronically please use the subject line of the email to indicate a new filing and particularly note if the matter is urgent. If documents attract a filing fee arrangements must be made to deposit money into the Employment Court bank account.

Emails should be sent to the appropriate Court Registrar:

Auckland - mima.bobot@justice.govt.nz

Wellington - Elaine.ferrige@justice.govt.nz

Practice Notes

Practice directions currently applying in the Employment Court:

  • Consolidation of Employment Court practice directions. Chief Judge Goddard, 29 April 2005 [PDF 28KB]

Fees

The Employment Court Regulations 2000 schedule 3 sets out full details of the current fees.

Filing statement of claim in form 1 $200
Filing statement of claim in form 2 $300
Filing application for leave to serve statement of claim on overseas party $200
Filing application for special leave to remove proceedings to Employment Court $200
Filing application for rehearing $300
Filing challenge to objection to disclosure $100
Filing application for verification order $100
Hearing fee, for each half-day or part thereof after the first day $245

Which Form

The Employment Court Regulations 2000 schedule 1 sets out details of the current forms. Forms can also be downloaded from this website.

Challenge to a determination of the Employment Relations Authority Form 1 4 copies
Other proceedings Form 2 4 copies
Application for leave to remove a matter to the Employment Court Form 3 4 copies
Statement of Defence Form 4 2 copies
Plaintiff's management memorandum Form 11 2 copies
Defendant's management memorandum Form 12 2 copies

Statements of Claim

Must be full and clear enough to enable the Court and defendant to understand the nature and grounds of the claim, as well as the relief sought. They should have numbered paragraphs outlining the nature of the claim plus the facts relied upon including any relevant clauses of contracts, agreements or statutes. The grounds of the claim and relief sought must be specified plus any claim for interest along with the method of calculation.

Challenges from the Employment Relations Authority must indicate what is sought - a de novo hearing or a challenge on an error of law or fact.

Statements of Defence

To defend a proceeding a statement of defence (form 4) must be filed and served on the other party within 30 days of the statement of claim being received. Failure to file within the 30 days will mean defence of the proceeding requires leave of the Court (form 2A). The application must be accompanied by affidavit(s) in support.

A statement of defence must have numbered paragraphs specifying whether the defendant admits or denies each of the allegations contained in the statement of claim. It must also include details of any positive defence with enough particulars to fairly inform the Court and other parties of the nature and details of the defence.

Summary of Arguments

Having received statements of claim and defence a hearing date will be set down. In some cases the plaintiff must file and serve on the other party a summary of arguments in support of the claim at least 14 clear days before the fixed hearing date (Employment Court Regulations 2000 Regulation 13). A defendant then has 7 clear days to file and serve on the plaintiff a summary of the arguments in opposition to the statement of claim.

Hearing Management System

Employment Court Regulations 2000 Regulations 55-60 set out the system for the management of hearings in the Court. These Regulations apply to cases which are expected to last at least 3 full sitting days, or to any other case on the order of a Judge.

If the system applies the plaintiff must file and serve on the defendant a management memorandum (form 11) at least 28 clear days before the date fixed for the hearing. The defendant must then file and serve on the plaintiff a management memorandum (form 12) within 7 days of receiving the plaintiff's memorandum. Each memorandum must specify the length of time each party expects to take in presenting their case, details of the evidence to be relied upon, and a loose leaf indexed volume of the documents to be used in evidence unless the parties agree to produce a single bundle of documents.

During the 14 days prior to the trial the parties must meet with the Judge in Chambers. At this management meeting the Judge may reduce the number of exhibits, limit the evidence in chief or cross-examination, set the order of the trial, place time limits on submissions, require from the parties a concise statement of the findings of fact sought from the Court. These management decisions will be issued as a memorandum by the Judge to all parties.

Hearing Procedure

  1. All parties and their representatives (if any) will be seated prior to the Judge coming into the courtroom.
  2. The registrar (court taker) will precede the Judge into the courtroom and everyone stands until the Judge is seated.
  3. The registrar announces the case.
  4. The parties introduce themselves to the Judge.
  5. The plaintiff makes an opening statement and calls any witnesses.
  6. The plaintiff's witnesses are examined by the plaintiff, and may be cross-examined by the defendant and re-examined by the plaintiff. The witnesses may also be examined by the Judge.
  7. The defendant then makes an opening statement and calls any witnesses.
  8. The defendant's witnesses are examined by the defendant, and may be cross-examined by the plaintiff and re-examined by the defendant. The witnesses may also be examined by the Judge.
  9. The defendant makes closing submissions.
  10. The plaintiff makes closing submissions.

Witnesses

If you are to appear as a witness in Court the following procedure applies.

  1. Your name will be called and you go into the witness box.
  2. The Registrar will swear / affirm you in; this is a promise to tell the truth
  3. The representative of the party who called you as a witness will then examine you.
  4. Usually you will read from a prepared statement of your evidence.
  5. The other party may then cross-examine you.
  6. You may then be re-examined.
  7. The Judge may also question you.

Evidence Recorded

Most court hearings are recorded with the evidence typed up and printed to be available in the Court room shortly after it is given.

Settlement Conference

The attached guideline is an overview of what a judge conducting a settlement conference may require the parties to provide. The requirements may vary from case to case.

Advice to parties about settlement conference: MS Word 31KB - PDF 10KB